October 27, 2005

A Step Too Far

At Duquesne University, an allegedly Catholic institution of higher learning, you can openly oppose and violate Catholic teaching without fear of sanction. On the other hand, speaking in a manner consistent with the Catholic faith – even in a non-university forum – can get you punished, and even potentially expelled.

A Duquesne University sophomore will risk being kicked out of school rather than write an essay as punishment for expressing his view that homosexuality is "subhuman."

Ryan Miner, 19, of Hagerstown, Md., was sanctioned by Duquesne after posting his view in The Facebook, an online directory that is not related to the university.

Miner opposed an effort by other students to form a Gay-Straight Alliance group, an issue that is still being debated by the university.

"I believe as a student that my First Amendment rights in the Constitution were subverted and attacked," said Miner.

After Miner's comments appeared online, some students complained to the school.

After a hearing, the Office of Judicial Affairs found Miner guilty of violating the University Code, which prohibits harassment or discrimination based on sexual orientation, among other groups.

A 10-page paper was assigned as punishment. Miner said he refuses to write it and will file an appeal.

On what basis, I wonder, is this punishment being dished out? The Facebook is not a university publication. The university does not own or control the internet. Where is the nexus between this speech and the university that would subject Miner to university disciplinary action? I donÂ’t see one.

Posted by: Greg at 12:06 PM | Comments (3) | Add Comment
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1 Good for Miner! I'd say sue the university. Whatever a student says off-campus should be a protected first amendment right not subject to the perusal of university officials unless he actually committed a crime. O

k, now, what about that black professor of North Carolina State University about the need to kill "whiteys." And yet the University won't touch him? Maybe his speech wasn't sensitive enough. Suppose if he said, "Blacks need to wipe gays off the map."? Would the university fire him?

Posted by: mcconnell at Thu Oct 27 14:11:50 2005 (CQ3Yp)

2 OK, the First Amendment only prevents the GOVERNMENT from interfering with protected speach. Duquesne is NOT a government-funded school, so the First Amendment does NOT apply.

However, mcconnell is correct in seeking the nexus between the forum and the school. I suspect that the school has some sort of policy requiring its students to conduct themselves within certain guidelines in public. That IS enforceable, as part of the contract under which he is allowed to attend the school. If he doesn't want to fulfill his obligations under the contract, they don't have to admit him to the school. After all, there are lots of other colleges he could attend.

Posted by: Eric at Thu Nov 3 03:12:45 2005 (n2mG5)

3 And I'm going to agree with you, Eric, with regard to the First Amendment.

However, you seem to go wrong with the second part of your analysis. The rules in question are so broad as to be unintelligible -- and therefore probably legally void. And given that the school CLAIMS to be a Catholic institution and the student spoke in a manner consistent with Catholic teaching, it would be nonsensical to argue that the guy could have reasonably foreseen that his words were outside of any but the most bizarre interpretation of those rules.

Posted by: Rhymes With Right at Thu Nov 3 13:40:48 2005 (wfdL5)

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